Voting rights

Querist : Anonymous (Querist) 09 March 2022 This query is : Resolved
In case of member holds 2 or 3 or more flats in the CHS in its name -
1)Is the membership in a cooperative housing society counted as 1 irrespective of no of flats the member is holding in its name?
2)How many votes can a person cast in case it has 2 or 3 flats in the housing society?
3) How are the society dues defined in case of multiple flat holding by the member? is it treated separately for each flat or is it cumulative?
4)Who can be qualified as defaulter and can a defaulter attend society's general body meeting and whether defaulter can vote in such meeting?
5) What if the member has more than one flat and has partially paid up the society bills for only one flat- Can the member be qualified as defaulter & can such member attend & vote in the general body meeting.

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kavksatyanarayana (Expert) 09 March 2022
1. Yes. only one member even he holds more than one. 2. only one. 3. separately. 4. For defaulters, it will be mentioned in the society bylaws and must follow the same. 5. He is a defaulter but he can vote in the General Body meeting. But he will not be elected. However, verify your society bylaw and follow the same.

Dr J C Vashista (Expert) 11 March 2022
Question-wise answer to your queries / examination paper is
1)Is the membership in a cooperative housing society counted as 1 irrespective of no of flats the member is holding in its name?
Any one having flat in the Society can have one membership.

2)How many votes can a person cast in case it has 2 or 3 flats in the housing society?
Not more than one membership can be granted and eligible for one vote irrespective of owning more than one flat.

3) How are the society dues defined in case of multiple flat holding by the member? is it treated separately for each flat or is it cumulative?
Is it valid to have more than one flat in terms of your State Cooperative Societies Act ?

4)Who can be qualified as defaulter and can a defaulter attend society's general body meeting and whether defaulter can vote in such meeting?
Yes, the member can participate and cast his / her vote in GBM but not in election.

5) What if the member has more than one flat and has partially paid up the society bills for only one flat- Can the member be qualified as defaulter & can such member attend & vote in the general body meeting.
Repeated question as above.

Consult a local prudent lawyer for better appreciation of facts and application of laws applicable in your State which differ from on State to another.

P. Venu (Expert) 11 March 2022
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